 | United States. Supreme Court - 1830 - 584 pàgines
...before the estate can vest, the condition of course is precedent ; and unless it is performed, the devisee can take nothing. If, on the contrary, the...necessarily precede the vesting of the estate, but may accorap'apy or follow it, if this is to be collected from the whole will, the condition is subsequent.... | |
 | Henry Dutton - 1833 - 602 pàgines
...performed before the estate can vest, the condition is of course precedent; and unless it be performed, the devisee can take nothing. If, on the contrary, the...vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition is subsequent." Finlay v. King's Lessee,... | |
 | Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 pàgines
...be performed before it can vest, the condition is precedent. If, on the contrary, the act does not precede the vesting of the estate, but may accompany or follow it, the condition is subsequent. Finlay et al. v. King's Lessee, 3 Pet. 374.g' So, where there was a bequest... | |
 | Asa Kinne - 1852 - 736 pàgines
...be performed before the estate can vest, the condition is precedent ; and unless it is performed the devisee can take nothing. If, on the contrary, the...vesting of the estate, but may accompany, or follow it, if this is to be collected from the will, the condition is subsequent. — Finlay v. King's Lessee,... | |
 | Georgia. Supreme Court - 1858 - 718 pàgines
...the estate can vest, the condition is of course precedent ; and unless it be performed, the legatee can take nothing. If on the contrary, the act does...vesting of the estate, but may accompany or follow, and if this is to be collected from the whole will, the condition is subsequent. (3. Peters 346.) Still... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 724 pàgines
...parties. Underbill v. The Saratoga, and Washington Rail Road Co. 455 2. If the act or condition required does not necessarily precede the vesting of the estate, but may accompany' or follow it, and if the act may bo as well done after as before the vesting of the estate, or if from the nature of... | |
 | Richard Peters - 1860 - 836 pàgines
...performed before the estate can vest, the condition of course is precedent, and unless it is performed the devisee can take nothing. If, on the contrary, the...vesting of the estate, but may accompany or follow it; if this is to be collected from the whole will, the condition ia subsequent. IM. 374. 24. It is a general... | |
 | Illinois. Supreme Court - 1915 - 734 pàgines
...which the estate depends must be performed before the estate vests the condition is precedent, but if, on the contrary, the act does not necessarily...vesting of the estate but may accompany or follow it the condition is subsequent. 3. SAME — when court may look to the circumstances. If it is doubtful... | |
 | Illinois. Supreme Court - 1921 - 696 pàgines
...the courts favor a construction making the condition subsequent. If the performance of the condition does not necessarily precede the vesting of the estate but may accompany or follow it, and if the act may as well be done after as before the vesting of the estate, or if from the nature of... | |
 | Emory Washburn - 1864 - 776 pàgines
...question. In the case cited below, the court state as a rule, that " if the act or condition required do not necessarily precede the vesting of the estate, but may accompany or follow it, and if the act may as well be done after as before the vesting of the estate ; or if from the nature of... | |
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... precedent, and unless it be performed the devisee can take nothing. If, on the contrary, the act does not necessarily precede the vesting of the estate, but may accompany or follow it, if this is to be collected from the whole will, the condition... 
